S.Amdt. 1807

SA 1807. Mr. BROWN of Ohio (for himself and Mr. Merkley) submitted an
amendment intended to be proposed to amendment SA 1761 proposed by Mr.
Reid to the bill S. 1813, to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 888, line 18, strike ``Section'' and insert the
following:
(a) In General.--Section

Beginning on page 896, strike line 22 and all that follows
through page 897, line 22, and insert the following:
``(3) Buy america waiver requirements.--
``(A) Notice and comment opportunities.--
``(i) In general.--If the Secretary receives a request for
a waiver under section 313(b) of title 23, United States
Code, or under section 24305(f)(4) or 24405(a)(2) of title
49, United States Code, the Secretary shall provide notice
of, and an opportunity for public comment on, the request not
later than 15 days before making a finding based on such
request.
``(ii) Notice requirements.--Each notice provided under
clause (i)--

``(I) shall include the information available to the
Secretary concerning the request, including the requestor's
justification for such request; and
``(II) shall be provided electronically, including on the
official public Internet website of the Department.

``(B) Publication of detailed justification.--If the
Secretary issues a waiver pursuant to the authority granted
under a provision referenced in subparagraph (A)(i), the
Secretary shall publish, in the Federal Register, a detailed
justification for the waiver that--
``(i) addresses the public comments received under
subparagraph (A)(i); and
``(ii) is published before the waiver takes effect.
``(C) Consistency with international agreements.--This
paragraph shall be applied in a manner that is consistent
with United States obligations under relevant international
agreements.
``(D) Review of nationwide waivers.--Not later than 1 year
after the date of the enactment of the Moving Ahead for
Progress in the 21st Century Act, and at least once every 5
years thereafter, the Secretary shall review each standing
nationwide waiver issued pursuant to the authority granted
under any of the provisions referenced in subparagraph (A)(i)
to determine whether continuing such waiver is necessary.

On page 900, between lines 9 and 10, insert the following:
``(10) Application to transit programs.--The requirements
under this subsection shall apply to all contracts eligible
for Federal funding for a project carried out within the
scope of the applicable finding, determination, or decision
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), regardless of the funding source of
such contracts, if at least 1 contract for the project is
funded with amounts made available to carry out this chapter.

On page 904, between lines 6 and 7, insert the following:
(b) Buy America Provisions.--
(1) Surface transportation.--Section 313 of title 23,
United States Code, is amended by adding at the end the
following:
``(g) Application to Highway Programs.--The requirements
under this section shall apply to all contracts eligible for
Federal funding for a project carried out within the scope of
the applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), regardless of the funding source of such contracts, if
at least 1 contract for the project is funded with amounts
made available to carry out this title.''.
(2) Amtrak.--Section 24305(f) of title 49, United States
Code, is amended by adding at the end the following:
``(5) The requirements under this subsection shall apply to
all contracts eligible for Federal funding for a project
carried out within the scope of the applicable finding,
determination, or decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of
the funding source of such contracts, if at least 1 contract
for the project is funded with amounts made available to
carry out this chapter.
``(6) If a project receives funding under this chapter and
under the Passenger Rail Investment and Improvement Act of
2008 (division B of Public Law 110 432), the Buy America
requirements set forth in the Passenger Rail Investment and
Improvement Act of 2008 shall apply to all contracts in the
project within the scope of the applicable finding,
determination, or decision under he National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.)''.
(3) Consistency with international agreements.--The
amendments made by this subsection shall be applied in a
manner that is consistent with United States obligations
under relevant international agreements.
(c) Buy America Reporting.--Section 308 of title 49, United
States Code, is amended by inserting after subsection (c) the
following:
``(d) Not later than February 1, 2013, and annually
thereafter, the Secretary shall submit a report to Congress
that--
``(1) specifies each highway, public transportation, or
railroad project for which the Secretary issued a waiver from
a Buy America requirement pursuant to the authority granted
under section 313(b) of title 23, United States Code, or
under section 24305(f)(4) or 24405(a)(2) of title 49, United
States Code, during the preceding calendar year;
``(2) identifies the country of origin and product
specifications for the steel, iron, or manufactured goods
acquired pursuant to each of the waivers specified under
paragraph (1); and
``(3) summarizes the monetary value of contracts awarded
pursuant to each such waiver.''.
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